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International Arbitration Arbitration Federal Arbitration Act

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in London

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When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the first of a multi-part series, we look at two key features to consider when drafting (and applying) your...more

Fox Rothschild LLP

U.S. Supreme Court Decides That, Where Parties Have Agreed to Two Contracts that Are In Conflict as to Whether a Dispute Between...

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In a unanimous opinion, the U.S. Supreme Court has decided that a court, not an arbitrator, must decide whether a dispute is subject to arbitration when parties have agreed to two separate agreements that are in conflict as...more

Miles Mediation & Arbitration

[Event] 2024 Arbitration Training Institute - June 6th - 7th, Atlanta, GA

Presented by nationally recognized experts, the Institute features comprehensive sessions on every stage of the arbitral process examined from the vantage point of neutrals, advocates, and in-house counsel. Substantive...more

Skadden, Arps, Slate, Meagher & Flom LLP

Rising Challenges in Arbitration: Post-Award Bias Allegations and the Evolving Standards of Conflict Disclosure

Users of arbitration know that one of the most important decisions they can make is the selection of the arbitrator. As arbitration grows more ubiquitous, more experienced arbitrators are being selected more frequently, and...more

JAMS

[PODCAST] Top Considerations for Selecting International Arbitration Seats and the Rise of the U.S. as an International ADR Hub

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JAMS neutrals discuss how to navigate international arbitration in the states In this podcast, JAMS neutrals Laura C. Abrahamson, Esq. FCIArb, Robert Davidson, Esq., FCIArb, and Shelby Grubbs, J.D., FCIArb, discuss...more

Vinson & Elkins LLP

Key 2024 Arbitration Trends In A Changing World

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2023 was another year of change brought by global factors, such as the Russia-Ukraine war, the rising trend of protectionism, the continued and increased disruption to supply chains, and inflation — all factors that are set...more

Latham & Watkins LLP

Quality Over Quantity: Law Commission Proposes Targeted Amendments to English Arbitration Act

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The Law Commission’s Final Report on the Arbitration Act 1996 makes a modest number of important recommendations for reform. On 6 September 2023, the Law Commission concluded its review of the Arbitration Act 1996 (the...more

Bradley Arant Boult Cummings LLP

Grounds for Vacating an Arbitration Award Remain Extremely Limited

The Eleventh Circuit Court of Appeals issued a decision last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures. The case involves an international arbitration...more

K&L Gates LLP

Arbitration World - June 2023

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Welcome to the 39th Edition of Arbitration World, a publication from K&L Gates’ International Arbitration practice group highlighting significant developments and issues in arbitration for executives and in-house counsel ...more

Miller Canfield

Reversing Its Precedent, Eleventh Circuit Holds That Courts May Vacate International Arbitral Awards on Same Grounds as Domestic...

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If you win an arbitration and want to enforce the award, you must first go to court and seek a judgment recognizing and enforcing the award against the losing party. At the same time, however, the losing party can likewise go...more

Faegre Drinker Biddle & Reath LLP

First Circuit Holds That New York Convention Preempts Contrary State Laws Barring International Arbitration of Insurance Disputes

Background On May 19, 2023, the First Circuit Court of Appeals ruled in Green Enterprises, LLC v. Hiscox Syndicates Ltd. at Lloyd’s of London that the New York Convention on the Recognition and Enforcement of Foreign Arbitral...more

A&O Shearman

The U.S. Eleventh Circuit Court of Appeals en banc overturns Industrial Risk and INPROSTA

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Last year, we wrote about precedent in the U.S. Court of Appeals for the Eleventh Circuit holding that international arbitration awards issued in the U.S. and encompassed by the New York Convention can be vacated only under...more

Shook, Hardy & Bacon L.L.P.

Eleventh Circuit Overhauls the Grounds Under Which an International Arbitral Award can be Vacated, Annulled, or Set Aside

Key points - In a major shift, the Eleventh Circuit has overruled prior jurisprudence and changed the grounds for vacatur (also called annulment or set-aside) of international arbitration awards, aligning with decisions...more

Seyfarth Shaw LLP

Commercial Litigation Outlook - 2023

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Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, where our nationally recognized team provides insights about litigation issues and trends to expect in 2023. The continuing global...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Arbitration and Social Media

This week, the Court addresses whether the Federal Arbitration Act’s grounds for vacatur are available to challenge an arbitration award governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards...more

Troutman Pepper

A Change in Course? The Eleventh Circuit May Soon Join Most Circuits on the Applicability of FAA Grounds to Vacate Nondomestic...

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In October 2022, the Eleventh Circuit Court of Appeals granted a petition to rehear the case of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A. en banc to determine whether enforcement challenges of nondomestic...more

Carlton Fields

SDNY Confirms Unopposed Arbitration Award Using Summary Judgment Framework

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A Turkish manufacturer of motor coaches entered into a distribution agreement with a Delaware-based corporation for the exclusive distribution of its motor coaches in the United States. Years later, a dispute arose over the...more

Sheppard Mullin Richter & Hampton LLP

The Supreme Court Rules That § 1782 Does Not Apply to Private Arbitrations

On June 13, 2022, the Supreme Court issued its highly anticipated decision on the issue of whether 28 U.S.C. § 1782 permits district courts to order discovery for use in international commercial arbitration or ad hoc...more

A&O Shearman

A Panel of the U.S. Eleventh Circuit Court of Appeals Asks the Court En Banc to Overturn Industrial Risk and INPROSTA

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Most arbitration practitioners take for granted the bifurcated post-award framework for international arbitrations. As a general matter, an arbitral award (i) can be set aside at the arbitral seat under that jurisdiction’s...more

Conyers

Two Major Developments in Cross-border Arbitration Law

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We would like to update you on two significant developments in cross-border arbitration law. UK Privy Council - In the recent judgment in Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v...more

Robinson & Cole LLP

Supreme Court Limits Section 1782 Discovery in International Arbitrations

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This is the third in a series of Legal Updates about international discovery and cross-border litigation. Robinson+Cole has broad experience representing international clients and their U.S. subsidiaries in both domestic and...more

Snell & Wilmer

U.S. Supreme Court Closes the Door on Foreign Arbitration Discovery in the U.S.

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On June 13, the U.S. Supreme Court resolved a split among U.S. Circuit Courts of Appeal by holding that only an adjudicative body imbued with governmental authority is deemed a foreign or international tribunal under 28...more

Fox Rothschild LLP

The Supreme Court Slams the Door on the Use of Federal Courts to Obtain Discovery in Aid of Foreign and International Arbitrations...

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The United States Supreme Court this week resolved an important issue regarding international arbitrations by ruling that, contrary to what at least two appellate courts had previously ruled, a U.S. statute that authorizes...more

Miller Canfield

United States Supreme Court Restricts Availability of U.S. Discovery in Support of International Arbitration

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Parties involved in litigation outside the U.S. have long had a useful information-gathering tool at their disposal: a U.S. statute allowing them to obtain by court order testimony and documents from persons located in the...more

Felicello Law PC

Beware Defaulting Parties in Arbitration Proceedings

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If you represent clients in dispute resolution matters for any substantial period of time, eventually you will encounter an adversary who refuses to appear and participate in an arbitration proceeding. Perhaps this adversary...more

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